Legal Opinion
Elna Construction Co. v. Flynn
New York Supreme Court
Decided May 14, 1963PublishedCited by 6 opinions
1Opinion of the CourtHugh S. Coyle, J.
This is a motion by respondents for an order canceling a lis pendens filed herein on the 16th day of April, 1963, in the office of the Clerk of the County of Westchester on the ground that said Us pendens has been filed in a proceeding which does not authorize such a filing, and upon the further ground that the said proceeding has been dismissed by order of this court for the reason that it is not available to the petitioner and, therefore, there is no action or proceeding pending which can be the subject of a lis pendens.
Petitioner, Elna Construction Co., Inc., was the highest bidder at a…
2Cases cited6 opinions
- Schomacker v. . MichaelsNew York Court of Appeals · 1907
- Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
- Siegel v. SilverstoneAppellate Division of the Supreme Court of the State of New York · 1937
- J. Henry Small Realty Co. v. StraussAppellate Division of the Supreme Court of the State of New York · 1914
- 17th Avenue & 73rd Street Corp. v. Ocean Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1926
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bankers Trust Co. v. Litton Systems, Inc.Court of Appeals for the Second Circuit · 1979
- American Motor Club, Inc. v. Neu (In Re American Motor Club, Inc.)United States Bankruptcy Court, E.D. New York · 1990
- Piep v. BaronCivil Court of the City of New York · 1986
- Baked, LLC v. GJG Property, LLCColorado Court of Appeals · 2020
- Bankers Trust Company v. Litton Systems, Inc.Court of Appeals for the Second Circuit · 1979
1 more not listed; retrieve them via the Exa API.